Title 7, AgricultureRelease 119-110

§9071 Milk Donation Program

Title 7 › CHAPTER 115 — AGRICULTURAL COMMODITY POLICY AND PROGRAMS › SUBCHAPTER III — DAIRY › Part B — Milk Donation Program › § 9071

Last updated Sep 22, 2026|Official source

Summary

The Secretary must set up and run a milk donation program within 180 days after December 20, 2018. The program’s goals are to encourage donations of Class I fluid milk made in the U.S., give nutrition help to low-income people, and cut food waste. Dairy farmers or processors pair with nonprofit distributors and send the Secretary a plan saying how donated milk will be handled, how much they expect to donate (including backup plans), and the percentage rate they will be paid (up to 100%). The Secretary reviews plans at least once a year, can approve or deny them, and will reimburse participating dairy organizations for approved costs when they submit required paperwork. The Secretary may check records by spot checks or audits and may pay costs that happened before plan approval. Defined terms in one line each: eligible dairy organization — a dairy farmer or processor who accounts to a Federal milk marketing order pool and has qualifying costs; eligible distributor — a nonprofit that gives out donated milk; eligible milk — Class I fluid milk made and processed in the U.S.; eligible partnership — a dairy organization working with a distributor; participating partnership — an eligible partnership the Secretary has approved. Payments equal donated milk times the agreed percentage but cannot exceed the dairy’s pool-accounted value difference between Class I and the lower of Class III or Class IV for the month. The Secretary must offer a preapproval process, favor partners who add extra cash or in-kind help, allow increases when needed (including interim increases), ban any distributor that resells donated milk from future participation, publicize the program, and perform reviews. Funding: $9,000,000 for fiscal year 2019 and $5,000,000 for each fiscal year after, available until spent.

Full Legal Text

Title 7, §9071

Agriculture, Source: USLM XML via OLRC

(a)Definitions
In this section: (1) Eligible dairy organization
(2)Eligible distributor (3) Eligible milk
The term “eligible distributor” means a public or private nonprofit organization that distributes donated eligible milk.
(4)Eligible partnership
The term “eligible partnership” means a partnership between an eligible dairy organization and an eligible distributor.
(5)Participating partnership
The term “participating partnership” means an eligible partnership for which the Secretary has approved a donation and distribution plan for eligible milk under subsection (c)(2).
(b)Program required; purposes
Not later than 180 days after December 20, 2018, the Secretary shall establish and administer a milk donation program for the purposes of— (1)
(2)providing nutrition assistance to individuals in low-income groups; and
(3)reducing food waste.
(c)Donation and distribution plans
(1)In general
To be eligible to receive reimbursement under subsection (d), an eligible partnership shall submit to the Secretary a donation and distribution plan that—
(A)describes the process that the eligible partnership will use for the donation, processing, transportation, temporary storage, and distribution of eligible milk;
(B)includes an estimate of the quantity of eligible milk that the eligible partnership will donate each year, based on—
(i)preplanned donations; and
(ii)contingency plans to address unanticipated donations; and
(C)describes the rate at which the eligible partnership will be reimbursed, which shall be based on a percentage of the limitation described in subsection (e)(2), not to exceed 100 percent.
(2)Review and approval
Not less frequently than annually, the Secretary shall—
(A)review donation and distribution plans submitted under paragraph (1); and
(B)determine whether to approve or disapprove each of those donation and distribution plans.
(d)Reimbursement
(1)In general
On receipt of appropriate documentation under paragraph (2), the Secretary shall reimburse an eligible dairy organization that is a member of a participating partnership on a regular basis for qualified expenses described in subsection (e).
(2)Documentation
(A)In general
An eligible dairy organization shall submit to the Secretary such documentation as the Secretary may require to demonstrate the qualified expenses described in subsection (e) of the eligible dairy organization.
(B)Verification
The Secretary may verify the accuracy of documentation submitted under subparagraph (A) by spot checks and audits.
(3)Retroactive reimbursement
In providing reimbursements under paragraph (1), the Secretary may provide reimbursements for qualified expenses incurred before the date on which the donation and distribution plan for the applicable participating partnership was approved by the Secretary.
(e)Qualified expenses
(1)In general
The amount of a reimbursement under subsection (d) shall be an amount equal to the product of— (A)
(B)subject to the limitation under paragraph (2), the rate described in that donation and distribution plan under subsection (c)(1)(C).
(2)Limitation
Expenses eligible for reimbursement under subsection (d) shall not exceed the value that an eligible dairy organization incurred by accounting to the Federal milk marketing order pool at the difference in the Class I milk value and the lowest classified price for the applicable month (either Class III milk or Class IV milk).
(f)Preapproval
(1)In general
The Secretary shall—
(A)establish a process for an eligible partnership to apply for preapproval of donation and distribution plans under subsection (c); and
(B)not less frequently than annually, preapprove an amount for qualified expenses described in subsection (e) that the Secretary will allocate for reimbursement under each donation and distribution plan preapproved under subparagraph (A), based on an assessment of—
(i)the feasibility of the plan; and
(ii)the extent to which the plan advances the purposes described in subsection (b).
(2)Preference
In preapproving amounts for reimbursement under paragraph (1)(B), the Secretary shall give preference to eligible partnerships that will provide funding and in-kind contributions in addition to the reimbursements.
(3)Adjustments
(A)In general
The Secretary shall adjust or increase amounts preapproved for reimbursement under paragraph (1)(B) based on performance and demand.
(B)Requests for increase
(i)In general
The Secretary shall establish a procedure for a participating partnership to request an increase in the amount preapproved for reimbursement under paragraph (1)(B) based on changes in conditions.
(ii)Interim approval; incremental increase
The Secretary may provide an interim approval of an increase requested under clause (i) and an incremental increase in the amount of reimbursement to the applicable participating partnership to allow time for the Secretary to review the request without interfering with the donation and distribution of eligible milk by the participating partnership.
(g)Prohibition on resale of products
(1)In general
An eligible distributor that receives eligible milk donated under this section may not sell the products back into commercial markets.
(2)Prohibition on future participation
An eligible distributor that the Secretary determines has violated paragraph (1) shall not be eligible for any future participation in the program established under this section.
(h)Administration
The Secretary shall publicize opportunities to participate in the program established under this section.
(i)Reviews
The Secretary shall conduct appropriate reviews or audits to ensure the integrity of the program established under this section.
(j)Funding
Of the funds of the Commodity Credit Corporation, the Secretary shall use to carry out this section $9,000,000 for fiscal year 2019, and $5,000,000 for each fiscal year thereafter, to remain available until expended.

Legislative History

Notes & Related Subsidiaries

Editorial Notes

Prior Provisions

A prior section 9071, Pub. L. 113–79, title I, § 1431, Feb. 7, 2014, 128 Stat. 695, related to dairy product donation program, prior to repeal by Pub. L. 115–334, title I, § 1404(a), Dec. 20, 2018, 132 Stat. 4519.

Reference

Citations & Metadata

Citation

7 U.S.C. § 9071

Title 7, Agriculture

Last Updated

Sep 22, 2026

Release point: 119-110